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Regulation 6 Availability and content of annual reportC1

(1)

Subject to paragraph (2), the trustees of any scheme shall, in relation to, and not more than 7 months after the end of, each scheme year which ends on or after 6th April 1997, make available a document which contains—

(a)

a copy of the audited accounts and the auditor’s statement where required by regulations made under section 41(1) and (2)(a) and (b) of the 1995 Act for the scheme year to which the document relates;

(b)

a copy of the latest actuarial statement (whether or not a revised statement) where required by regulations made under section 41(1) and (2)(c) of the 1995 Act;

F1(c)

where F2Part 3 of the 2004 Act applies to the scheme, a copy of the latest certificate by the actuary under F3section 227 of that Act as to the adequacy of the contributions payable towards the scheme; and

(d)

other information, consisting of or including the information specified in Schedule 3, so far as it applies to the scheme,

to the persons, in the circumstances and in the manner specified in paragraphs (3), (4) and (6).

(2)

The requirements of this regulation do not apply to a public service pension scheme—

(a)

under the provisions of which there is no requirement for assets related to the intended rate or amount of benefit under the scheme to be set aside in advance (disregarding requirements relating to additional voluntary contributions); or

(b)

which is made under section 7 of the Superannuation Act 1972 M1 (superannuation of persons employed in local government service, etc.) or section 2 of the Parliamentary and other Pensions Act 1987 M2 (power to provide for pensions for Members of the House of Commons, etc.).

(3)

A copy of the latest such document as is mentioned in paragraph (1) shall be furnished free of charge on request (not being a second or subsequent request by the same person or, as the case may be, trade union, for a copy of the same document) to any person or trade union in the categories specified in paragraph (6) within 2 months of the request being made.

(4)

A copy of any such document as is mentioned in paragraph (1), being neither the latest nor one which relates to a scheme year which ended more than 5 years previously, shall, within 2 months of a request being made by any person or trade union in the categories specified in paragraph (6)—

(a)

be made available free of charge for inspection at a place which is reasonable having regard to the circumstances of the request and of the person who or trade union which made it; or, at their option,

(b)

be furnished to such person or trade union, and where a charge is levied it shall not exceed the expense incurred in copying, posting and packing such copy.

(5)

In the case of a scheme year ending before 6th April 1997, a reference to such document as is mentioned in paragraph (1) shall, except in relation to regulation 11(2) (penalties), be deemed to include copies of a document made available by the trustees under regulation 9 of the Occupational Pension Schemes (Disclosure of Information) Regulations 1986 M3.

(6)

The categories of persons and trade unions mentioned in paragraphs (3) and (4) are the following, namely—

(a)

members and prospective members of the scheme;

(b)

spouses F4and civil partners of members and of prospective members of the scheme;

(c)

beneficiaries under the scheme;

(d)

independent trade unions recognised to any extent for the purposes of collective bargaining in relation to members and prospective members of the scheme.

(7)

When a copy of a document is furnished in accordance with paragraph (3) or (4), it shall be accompanied by a written statement that further information about the scheme is available, giving the address to which enquiries about it should be sent.

Annotations

Textual amendments

F1

Reg. 6(1)(c) substituted (6.4.1997) by The Personal and Occupational Pension Schemes (Miscellaneous Amendments) Regulations 1997 (S.I. 1997/786), reg. 1, Sch. 1 para. 10(5)

F2

Words in reg. 6(1)(c) substituted (30.12.2005) by The Occupational Pension Schemes (Scheme Funding) Regulations 2005 (S.I. 2005/3377), regs. 1, 20(1), Sch. 3 paras. 2(4)(a) (with Sch. 3 para. 3)

F3

Words in reg. 6(1)(c) inserted (30.12.2005) by The Occupational Pension Schemes (Scheme Funding) Regulations 2005 (S.I. 2005/3377), regs. 1, 20(1), Sch. 3 paras. 2(4)(b) (with Sch. 3 para. 3)

F4

Words in reg. 6(6)(b) inserted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 2 para. 5(4) (with art. 3)

Marginal citations

M1

1972 c.11.

M2

1987 c.45.

M3

S.I. 1986/1046, as amended by 1986/1717, 1987/1105, 1988/476, 1989/1641, 1991/167, 1992/246, 1992/1531, 1994/1062.

Modifications

C1

Regs. 6, 7 applied (1.10.2000) by The Stakeholder Pension Schemes Regulations 2000 (S.I. 2000/1403), regs. 1(2), 32, Schs. 2